I was convicted of Transportation for Sales of Marajuana inn1995 in the Eastern District of Kentucky and spent 14 months in Federal Detentio...

Question

I was convicted of Transportation for Sales of Marajuana inn1995 in the Eastern District of Kentucky and spent 14 months in Federal Detention, I"m a U.C.Law School Graduate took the Bar a few times and would like to try again .....Will this conviction stop me from taking the Bar and practicing...can I get this record sealed/expunged ?

thank you

Answer

Just make sure you disclose it. Don't hide anything. Be upfront and honest. That shows integrity. It sounds like you were convicted on federal charges, which means there is a different procedure to sealing the case, if there's a federal process at all. Consult a federal criminal lawyer, but meantime, pass the bar exam and disclose everything you are asked to. Good luck.

Answer

Your conviction won't prevent you from taking the bar exam. But passing the bar exam is just one of several steps to become a lawyer. You must also satisfy the Bar that you are morally fit to practice. A 16-year-old felony drug conviction won't necessarily kill your chances, but the examiners will look into it. They will want to know how serious the offense was and they will want proof both that you accept responsibility for it and that you have reformed your ways since then. There is a very good chance you will be admitted if you have done those things (and if you pass the bar exam). Be prepared for some delays, though. These investigations take time, and the investigators will likely put the burden of proof on you.

Good luck.

Answer

You'll have to ask in KY whether they have expungement or sealing available. However, it doesn't matter for purposes of the State Bar. ALL convictions MUST be disclosed on applications for law school and to the State Bar, expunged or not. The State Bar will decide, in their total discretion, whether you are barred from licensing because of the conviction. Call them and discuss it.

Answer

Agreed. You can expunge it if KY law allows it but you will still have to deal with it in your Moral Character evaluation and 14 mos in custody is no small matter. You would be best served by contacting an expert in Cal Ethics.